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Worried I might have breached the rules

Questions and discussions about claiming benefits while living and working in the UK

Moderators: Casa, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix, John, ChetanOjha, archigabe, push, JAJ, ca.funke, Amber, zimba, vinny

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Bryanee
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Posts: 2
Joined: Fri May 14, 2010 8:05 pm

Worried I might have breached the rules

Post by Bryanee » Fri May 14, 2010 8:21 pm

So, I am a British citizen. My wife and I came to London in 2008, she on a spouse visa with no recourse to public funds. We were both looking for work, but she found a job first, so I was a house husband, looking after our daughter while she worked. I claimed child and working tax credits. Obviously my wife was the one who was working, and now that she's contemplating applying for indefinite leave to remain and we're going through all the forms, we're suddenly thinking that claiming working tax credits as a couple might not be allowed as she was the one working.
She's not any more. I am now. We still get child and working tax credits. But I'm worried that for that initial period when she was working, maybe we didn't have the right to claim working tax credits.
The home office website is infuriatingly obscure on this point. It says that wtc may not count as public funds for the spouse of someone who is eligible for wtc. But what does the 'may' mean? And what does the 'eligible' mean? Does it mean that a spouse can work and claim wtc on the basis of that? Or merely that her British husband can claim and that she can avail of the funds he receives?
Confused. Worried. Any guidance much appreciated.

John
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Posts: 12320
Joined: Wed Nov 10, 2004 2:54 pm
Location: Birmingham, England
United Kingdom

Post by John » Sun May 16, 2010 1:46 pm

Have you read the first pinned topic in this Claiming Benefits section? If you have, what is your query? Clearly the joint Tax Credits claim is OK, for the technical reasons stated there.
John

Bryanee
Newly Registered
Posts: 2
Joined: Fri May 14, 2010 8:05 pm

Post by Bryanee » Sun May 16, 2010 8:36 pm

I did see the first post. The reason I ask is that my wife called the Home Office last week, stated our case, and was told that no, we were definitely not entitled to claim tax credits on the basis of her employment. The women she spoke to said there could be no doubt.
I was rather horrified by this, and its implications. However, I am used to hearing one thing from one HO employee and something different from another one. It was just that this woman seemed to be so sure.
So she was simply completely wrong? It's a little worrying that you could be given utterly inaccurate information from the Home Office on something so important. We're going to call back again next week anyway in the hope of speaking to someone else. But I sincerely hope you're right.
Thanks for replying. You're input greatly appreciated.

John
Moderator
Posts: 12320
Joined: Wed Nov 10, 2004 2:54 pm
Location: Birmingham, England
United Kingdom

Post by John » Sun May 16, 2010 8:53 pm

Yet more proof that the UKBA helpline is often not very helpful, and in this case, totally incompetent.

Given that you are British para 6B of the Immigration Rules is clearly in play ..... "a person (P) shall not be regarded as having recourse to public funds if P is entitled to benefits specified under section 115 of the Immigration and Asylum Act 1999 by virtue of regulations made under sub-sections (3) and (4) of that section or section 42 of the Tax Credits Act 2002"

The legislation is clear and unambiguous. Clearly more staff training needed. It makes absolutely no difference who out of the couple is working.
John

haych10
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Posts: 36
Joined: Thu Apr 08, 2010 6:31 pm

Post by haych10 » Wed May 19, 2010 1:10 pm

Can somebody give me the contact number for the UKBA helpline please.

I've just got this no 08706067766 not sure if this is the one.

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